Tuesday, February 20, 2024
4/1 calls out briefing problems
In this 74-page unpub here today, about over $20M in civil penalties, 4/1 begins the discussion with a section discussing "Defendants' Briefing Violations," and subsections titled "Defendants' Factual Recital Is Slanted and Unduly Argumentative" (meaning that any sufficiency of the evidence challenge is forfeited) and "Factual Assertions Based on Matters Outside Scope of Appellate Review" (meaning that all unsourced factual assertions are disregarded). Appellate practitioners will want to read pages 15 to 21 for more tidbits. And see fn. 4 where the court reiterates that statement of decisions and orders denying new trial are not appealable. Appeal the judgment! Fn.14 also discusses an appellate forfeiture issue.